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Senator Justice moved the following amendment:

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     Senate Amendment

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     Delete line(s) 290-310

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and insert:

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     Section 9.  Subsections (2) and (4) of section 99.012,

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Florida Statutes, are amended, and present subsections (5), (6),

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and (7) of that section are amended and redesignated as

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subsections (6), (7), and (8), respectively, to read:

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     99.012  Restrictions on individuals qualifying for public

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office.--

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     (2)  No person may qualify as a candidate for more than one

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public office, whether federal, state, district, county, or

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municipal, if the terms or any part thereof run concurrently with

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each other.

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     (4)(a) Any officer who qualifies for federal public office

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must resign from the office he or she presently holds if the

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terms or any part thereof run concurrently with each other.

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     (b) The resignation is irrevocable.

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     (c) The resignation must be submitted no later than the

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date upon which the officer qualifies for office.

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     (d) The written resignation must be effective no later than

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the earlier of the following dates:

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     1. The date the officer would take office, if elected; or

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     2. The date the officer's successor is required to take

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office.

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     (e)1. An elected district, county, or municipal officer

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must submit his or her resignation to the officer before whom he

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or she qualified for the office he or she holds, with a copy to

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the Governor and the Department of State.

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     2. An appointed district, county, or municipal officer must

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submit his or her resignation to the officer or authority that

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appointed him or her to the office he or she holds, with a copy

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to the Governor and the Department of State.

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     3. All other officers must submit their resignations to the

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Governor with a copy to the Department of State.

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     (f)1. The failure of an officer who qualifies for federal

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public office to submit a resignation pursuant to this subsection

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constitutes an automatic irrevocable resignation, effective

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immediately, from the office he or she presently holds.

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     2. The Department of State shall send a notice of the

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automatic resignation to the Governor and, in the case of a

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district, county, or municipal officer, a copy to:

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     a. The officer before whom he or she qualified if the

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officer held an elective office; or

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     b. The person or authority who appointed the officer if the

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officer held an appointive office.

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     (g) The provisions of any special act to the contrary

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notwithstanding, with regard to an elective office, the

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resignation creates a vacancy in office to be filled by election,

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thereby permitting persons to qualify as candidates for

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nomination and election as if the officer's term were otherwise

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scheduled to expire. With regard to an elective charter county

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office or elective municipal office, the vacancy created by the

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officer's resignation may be filled for that portion of the

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officer's unexpired term in a manner provided by the respective

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charter. The office is deemed vacant upon the effective date of

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the resignation submitted by the official in his or her letter of

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resignation

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     (5) A person who is a subordinate officer, deputy sheriff,

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or police officer must resign effective upon qualifying pursuant

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to this chapter if the person is seeking to qualify for a public

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office that is currently held by an officer who has authority to

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appoint, employ, promote, or otherwise supervise that person and

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who has qualified as a candidate for reelection to that office.

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     (6)(5) The name of any person who does not comply with this

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section may be removed from every ballot on which it appears when

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ordered by a circuit court upon the petition of an elector or the

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Department of State.

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     (7)(6) This section does not apply to:

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     (a)  Political party offices.

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     (b)  Persons serving without salary as members of an

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appointive board or authority.

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     (c) Persons seeking any federal public office.

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     (8)(7) Nothing contained in subsections (3) and (4) relates

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to persons holding any federal office.

4/22/2008  2:17:00 PM     16-07338-08